South Bend, Mishawaka start testing for PFAS as challenge to EPA rules sought in courts (2024)

Joseph DitsSouth Bend Tribune

City of South Bend officials say they've taken "proactive" measures against toxic so-called “forever chemicals” that the Environmental Protection Agency will begin regulating in drinking on Tuesday. The city reports that it tested and found that PFAS, or per-and polyfluoroalkyl substances, exceeded the EPA's brand new standards in 12 out of the city's 29 wells.

After that, the city immediately took “passive” steps to limit the contaminant, like reducing the use of wells where it had been detected, Public Works Director Eric Horvath said through a city spokeswoman.

So, for now, he said, the city meets the EPA’s standards.

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PFAS, dubbed "forever chemicals" for their longevity, are a group of about 15,000 man-made substances. They have been known to cause various forms of cancer, birth defects, liver and kidney damage, obesity and diabetes, cardiovascular disease and other health effects, according to the Centers for Disease Control and Prevention.

It's unclear at this time what steps the city will take to update the 12 wells that do not meet the EPA's new standards. But the federal agency estimates that treatment and other modifications required to meet the standards will cost the nation's water utilities an estimated $1 billion per year, and customers may have to foot the bill.

The EPA standard for PFAS in drinking water is now 4 parts per trillion ― down from 70 ppt ― that's four drops in 20 Olympic-size swimming pools, according to an oft-cited statistic.

By 2027, municipal water utilities must submit an average of four quarterly tests for PFAS to the EPA.

For the future, Horvath said the city is working with national experts at the construction engineering firm Black & Veatch to seek the best PFAS treatment technology — ultimately, to meet the EPA standards. Until it finishes that study and decides what treatments to use, the city won’t be able to estimate how much it will cost.

To pay for treatment, Horvath said the city will rely on money that will be recovered from lawsuits that South Bend filed against the manufacturers of PFAS chemicals. The suits seek compensation so that the city can upgrade its facilities to mitigate PFAS.

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Will the cost ultimately affect what city residents pay in their utility bills?That depends, in part, on how much the city recovers from the PFAS lawsuits, Horvath said.

PFAS have been detected at The South Bend International Airport, and officials there took steps to minimize the contamination. But it's possible some of those toxins, which have been in the area for decades, have seeped into the local aquifer, where area residents get their drinking water, a groundwater expert said.

Mishawaka waits on courts

While Mishawaka has also done its first round of required tests for PFAS, the city is now taking a wait-and-see approach just after two trade groups filed a petition for the U.S. Court of Appeals to review the EPA rule.

Filed on June 7, the American Water Works Association and the Association of Metropolitan Water Agencies argued that the EPA didn’t use the “best available science” to craft the rule and that the rule “underestimates” the cost of complying with it.

Dave Majewski, water division manager for Mishawaka Utilities, said he’s been advised to wait six to eight months for something to emerge from the court challenge.

“We don’t want to jump in right now," he said. “We want to get some guidance on the sampling aspects.”

The city's water is currently in compliance with the PFAS regulations, he said. The initial tests were a composite of treated water that was sampled. The city didn't test each well, Majewski said, though it may yet do that in the future.

At 4 parts per trillion, he said the testing is so sensitive that outside factors can give a false positive, for example, if an employee uses nitrile gloves to conduct the test.

Majewski said the city is intent on protecting its water and public health, but it wants to ensure the science is right and the methods are consistent before doing so.

“Right now, we’re working with our engineers to see where we go from here,” he said.

Some of the possible methods for removing PFAS, he said, might include granular activated carbon filters, among others, but he said there’s no way at this point to know that would cost.

The flow of contaminants, especially in such small quantities, isn’t always consistent. That explains why cities need to submit an average of four quarterly test results for PFAS by 2027.

“We’re in compliance now,” he said. “But we could get hit with PFAS later.”

Some of Mishawaka’s first rounds of testing were at its substation near Eberhart Golf Course. The others were at Gumwood Road, which will close in the next couple of months as it’s replaced by the recently opened water treatment plant at Juday Creek.

South Bend Tribune reporter Joseph Dits can be reached at 574-235-6158 orjdits@sbtinfo.com.

South Bend, Mishawaka start testing for PFAS as challenge to EPA rules sought in courts (2024)

FAQs

South Bend, Mishawaka start testing for PFAS as challenge to EPA rules sought in courts? ›

South Bend, Mishawaka start testing for PFAS as challenge to EPA rules sought in courts. City of South Bend officials say they've taken "proactive" measures against toxic so-called “forever chemicals” that the Environmental Protection Agency will begin regulating in drinking on Tuesday.

What is the new EPA rule on PFAS? ›

In April 2024, EPA issued the first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful PFAS. The final rule will reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses.

What are the EPA thresholds for PFAS? ›

Regulatory Levels: Maximum Contaminant Levels

EPA is setting enforceable Maximum Contaminant Levels (MCLs) at 4.0 parts per trillion for PFOA and PFOS, individually.

What are the 6 PFAS chemicals? ›

PFOA, PFOS, PFHxS, PFNA, and HFPO-DA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water.

What is the PFAS legislation 2024? ›

The EPA issued a final rule in the Federal Register on April 26, 2024 (89 CFR 32532) (FRL 8543-02-OW), finalizing National Primary Drinking Water Regulations under the Safe Drinking Water Act for PFAS: PFOA, PFOS, PFHxS, PFNA, HFPO-DA, and as well as two or more mixtures of PFNA, PFHXs, HFPO-DA and PFBS.

Do Brita filters remove PFAS? ›

Despite its cost-effectiveness, EWG's testing revealed that the standard Brita filter only achieved a modest 66% reduction rate for PFAS in water.

What does PFAS do to your body? ›

But the research conducted to date reveals possible links between human exposures to certain PFAS and some adverse health outcomes. These health effects include: Altered metabolism and body weight regulation, and risk of childhood obesity. Increased risk of some cancers.

How to get rid of PFAS in body? ›

How are PFAS excreted from the body? Some PFAS leave the body slowly over time, mostly through urine. People who have kidney disease may not excrete as much PFAS from their body through their urine as healthy individuals. Some PFAS routinely leave the body in blood during menstruation.

What states are restricting PFAS? ›

Personal Care Products: Eight states including CA, CO, ME, MD, MN, OR, VT, and WA adopted restrictions on PFAS in cosmetics. Retailer Action: 32 unique retail chains have committed to eliminating or reducing PFAS in food packaging, textiles and/or other products.

What is the limit for PFAS testing? ›

EPA is setting enforceable Maximum Contaminant Levels at 4.0 parts per trillion for PFOA and PFOS, individually. This standard will reduce exposure from these PFAS in our drinking water to the lowest levels that are feasible for effective implementation.

What foods are high in PFAS? ›

For the 23 TDS samples where we detected at least one type PFAS, 19 of the samples were seafood, representing 51% (19 out of 37) of the TDS seafood samples. For our 2022 targeted seafood survey, we detected PFAS in 74% (60 out of 81) of the samples of clams, cod, crab, pollock, salmon, shrimp, tilapia, and tuna.

Does bottled water have PFAS? ›

Bottled Waters with PFAS

Consumer Reports tested 47 bottled waters and found that 43 of them contained detectable levels of PFAS. Another study by led by Johns Hopkins University researchers, detected PFAS substances in 39 out of more than 100 bottled waters tested.

What is the biggest exposure to PFAS? ›

The main ways people can be exposed to PFAS include: Drinking contaminated municipal or private well water. Eating fish with high levels of PFAS.

What is the new PFAS rule? ›

Addressing on-going uses of PFAS: In January 2024 EPA finalized a rule that prevents companies from starting or resuming the manufacture or processing of 329 PFAS; released three methods to better measure PFAS in the environment; and announced the addition of seven PFAS to the list of chemicals covered by the Toxics ...

What country banned PFAS? ›

What countries are regulating PFAS? A French law banning PFAS in almost all products except cookware passed the National Assembly on April 4, while, in the U.S., the Environmental Protection Agency set national limits on six types of PFAS in drinking water for the first time ever on April 10.

Who regulates PFAS in the US? ›

EPA is establishing the first-ever nationwide, legally enforceable drinking water standards to protect communities from PFAS in their drinking water.

What are the new PFAS limits? ›

EPA is setting enforceable Maximum Contaminant Levels at 4.0 parts per trillion for PFOA and PFOS, individually. This standard will reduce exposure from these PFAS in our drinking water to the lowest levels that are feasible for effective implementation.

What is the significant new use rule for PFAS? ›

Exposure at certain levels to specific PFAS can adversely impact human health and other living things. Persons subject to the final SNUR are required to notify EPA at least 90 days before commencing any manufacture (including import) or processing of the chemical substance for a significant new use.

What is the EPA reporting rule for PFAS? ›

As a follow up to a January 2024 announcement, the U.S. Environmental Protection Agency (EPA) is issuing a final rule to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024.

What states are PFAS restrictions? ›

Apparel: CA, CO, ME, NY and VT have enacted phase-outs of PFAS in apparel. Carpets/Rugs: Eight states including CA, CO, ME, MD, MN, NY, VT, and WA have adopted restrictions on PFAS in carpets, rugs, and/or aftermarket treatments.

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